outdoor dining guidelines

Outdoor Dining Guidelines

1. Introduction 1

2. Outdoor dining approvals 3

3. Footway access 7

4. The outdoor dining area 9

5. Outdoor dining furniture 11

6. Neighbourhood amenity 13

7. Responsibilities of the operator 15

8. Special areas for outdoor dining 17

Outdoor Dining Guidelines for businesses and residents

Who can have outdoor dining? The City supports local restaurants and cafes by allowing seating for outdoor dining to supplement indoor seating. To be eligible, you have to:

– be a restaurant, café or other business that serves food; and

– also has seating inside. Where these guidelines apply These guidelines apply to all applications for outdoor dining on the footway and similar public spaces in the City of Sydney Local Government Area, except for:

– the Rocks, – Circular Quay; – Barangaroo; and – Darling Harbour precincts.

For applications in those areas, please contact the Sydney Harbour Foreshore Authority. How to use these guidelines These guidelines:

– are to be read along with Council’s Outdoor Dining Policy;

– provide information for the public and for applicants seeking to use the footway for outdoor dining under the Roads Act 1993 for footways; or the Local Government Act 1993 for other public spaces; and

– provide guidance for Council in determining applications for use of the footway and other public spaces for outdoor dining.

There are eight parts to these guidelines: 1 Introduction outlines general information for outdoor dining applications. 2 Outdoor dining approvals has information on the approvals that are needed. 3 Footway access sets out requirements to leave enough room for pedestrians on the footway. 4 The outdoor dining area provides information on suitable locations and sizes of outdoor areas. 5 Outdoor dining furniture has design requirements for furniture and other structures to be used in conjunction with the outdoor dining; and on measures to protect the amenity of neighbourhoods. 6 Neighbourhood amenity details the matters that will be considered in deciding if outdoor dining is appropriate for neighbourhoods. 7 Responsibilities for the operator details Council’s expectations for operators using public spaces for outdoor dining. 8 Special areas for outdoor dining gives more detailed guidance for nominated precincts.

1. Introduction

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Key terms

Term Meaning Clear path of travel The area of the footway maintained for safe and equitable pedestrian

circulation that is free from obstructions and assists in wayfinding and navigation. Also referred to as the continuous accessible path of travel, which is defined by the Australian Human Rights Commission as: An uninterrupted route to and within an area providing access to all features, services and facilities. It should not incorporate any step, stairway, turnstile, revolving door, escalator, hazard or other obstacle or impediment that would prevent it from being safely negotiated by people with disability.

Exempt development Development that does not need development consent under the Environmental Planning and Assessment Act 1979, but which may still need some other approval. At the time of adoption, the State Environmental Planning Policy (Exempt and Complying Codes) 2008 makes footway dining exempt development if it is: (a) not associated with a pub or a small bar, and (b) carried out in accordance with an approval granted under section 125 of the Roads Act 1993, including in accordance with any hours of operation to which the approval is subject, and (c) carried out in accordance with any approval granted under section 68 of the Local Government Act 1993.

Outdoor dining Dining on the public footway, associated with an approved restaurant. Also sometimes referred to as footway dining or footway restaurant.

Public footway That part of a road that is set aside or formed as a path or way for pedestrian traffic, whether or not it may also be used by bicycle traffic.

Restaurant Defined in the Roads Act 1993 as premises in which food is regularly supplied on sale to the public for consumption on the premises. It includes cafes, pubs and take away food and drink premises where food is also regularly served for consumption at indoor seating on the premises.

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http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1993%20AND%20no%3D33&nohits=y

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dact%20AND%20Year%3D1993%20AND%20no%3D30&nohits=y


Council will encourage and support well managed use of the footway. The City’s footways are public land and an approval to use this land for outdoor dining is a requirement. What approvals are required? All outdoor dining requires an approval to use public land. At the City of Sydney, this is called a Footway Approval (Outdoor Dining). Most outdoor dining will not need development consent. It will be ‘exempt development’ (see Key Terms) and will only need a footway approval from Council. Outdoor dining that is not exempt development will also need development consent from Council. If you are not sure which approvals you need, please talk to Council either at one of our Neighbourhood Service Centres, or by calling 9265 9333. Special precincts for outdoor dining Some places have additional considerations when applying for outdoor dining. Applications for outdoor dining in a nominated special precinct are to be consistent with the detailed guidance in Section 8 of these guidelines. The following are nominated as special precincts:

– Martin place – from George Street to Pitt Street (the Cenotaph block); and

– Llankelly Place, Potts Point.

Change of operator The legislation requires approvals for outdoor dining to be given to the operator of the business, and not to the business or the property. This means, that when the operator of a business with approval for outdoor dining changes, the approval is no longer valid. A new operator will need to get a new approval for outdoor dining. Compliance with outdoor dining approval Operators must display the approval notice for an outdoor dining area in a prominent position, and make it available to authorised Council officers on request. Authorised Council officers may order the removal of any items on the footway that are not part of the outdoor dining approval, or otherwise permitted under another approval or policy of Council. Revoking, suspending, or amending an outdoor dining approval Applicants should be aware that Council can revoke, suspend or amend an approval for outdoor dining if:

– the conditions of the approval are breached; – the use of the footway area for outdoor dining is

causing public safety or public access to be compromised;

– the footway area is needed for public works; – the footway area is needed for a special event;

or

2. Outdoor dining approvals

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– the footway area is needed to manage an increase in pedestrians.

Where Council needs to revoke, suspend, or amend an approval for outdoor dining the approval holder will be given notice of Councils intention and will be given an opportunity to make representations to Council. Consultation and notification of outdoor dining applications Public consultation on larger outdoor dining applications can help identify problems that could arise during operation. Provisions 2.1. Outdoor dining applications will be notified for public

consultation: – in Central Sydney (as shown at Figure 1) ,

where seating is requested for more than 20 patrons;

– outside of Central Sydney, where seating is requested for more than 10 patrons; or where proposed operating hours are prior to 7am, or after 10pm;

– unless the application meets the criteria in 2.2 below.

2.2. Outdoor dining applications will not be notified where: – there is an existing Footway Approval; – the application is to allow for change of operator

of the Footway Approval; and – there are no proposed changes to the terms of

the Footway Approval, including operating hours, outdoor dining area, and number of patrons.

2.3. Notification will be made through a notice on the premises, on the Council’s website, and via letter: – for a period of 14 days; and – within a 25 metre radius of the proposal.

Application requirements Submitting the correct documents with the outdoor dining application will support an efficient application assessment. 2.4. The following documents are required

– a completed application form (available from Council’s website);

– a request to Council for owner’s consent for the use of Council-owned land;

– a description of the proposed outdoor dining, including number of patrons and hours of operation;

– colour images of the site and the surrounding context;

– images, or a manufacturer’s brochure, showing any furniture, umbrellas, heaters and the like;

– a plan of the outdoor dining area (see 2.4 below);

– an emergency contact number.

Outdoor dining area plan An outdoor dining plan is to be easily understood and allow Council officers to assess the outdoor dining application efficiently and effectively. A sample plan is shown at Figure 2. 2.5. An outdoor dining area plan should be to scale and

with clearly marked dimensions, showing:

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Figure 1 – Central Sydney

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– the width of the pavement and the proposed outdoor dining area;

– the location of the outdoor seating area on the footway, along with the associated premises, and neighbouring premises;

– layout of the outdoor dining area, including its width, and also furniture, heaters and the like;

– clearances around the outdoor seating area from trees, the kerb, street furniture and the like;

– location of all existing street fixtures, including

benches, trees, poles, bike parking rings, bins and the like;

– location of transport stops, taxi ranks, parking areas, loading zones and street intersections (if any); and

– the location of all doorways and service openings.

Figure 2 – a basic outdoor dining plan

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The primary function of a public footway is to provide access to pedestrians and other users travelling along the street. In some places, the footpath may be too narrow or too busy to support a business use and also provide the clear path of travel required by these guidelines. In these circumstances, the footway is not suitable for outdoor dining. Council will maintain a map, available through Council’s website, of busy streets which are not suitable for outdoor dining. Clear path of travel Council will ensure that the public footway continues to provide safe, dignified and equitable access to pedestrians and other users travelling along the street. To achieve this, the Council will ensure a minimum clear path of travel is maintained to a suitable width before any business uses are considered. Provisions

3.1. A clear path of travel is to be maintained on all public footways before other uses are considered.

3.2. The minimum width of the clear path of travel needs to be:

– 2 metres for streets; – 1.2 metres for Central Sydney laneways, as

shown in Figure 3; and – 4 metres in shared zones used by vehicles.

3.3. In areas of high pedestrian volume or where closeness to traffic might pose a safety risk, Council may:

– require a greater clear path than shown in 3.2; or

– not allow outdoor dining, where the street has been identified as not suitable.

3.4. Council can require a clearance of less than 2m where:

– it can be shown that pedestrian safety will not be compromised; and

– where activity such as outdoor dining is desirable.

3.5. The location of the clear path of travel is to be consistent and predictable for each street block.

– A consistent clear path is located on the same part of the footway for the length of the block.

– A predictable clear path is one where the location can be anticipated by users based on either local knowledge of the street or environmental cues.

Figures 4 to 6 demonstrate a consistent and predictable clear path of travel.

“…the clear path of travel is to be consistent and predictable for each street block.”

3. Footway access

Figure 3 – Central Sydney laneways

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Figure 6 – this clear path is not in a consistent location on the block, and is not predictable for pedestrians.

Figure 5 – this clear path of travel is in a consistent location on the block, and is predictable for pedestrians.

Figure 4 – this clear path of travel is in a consistent location on the block and is predictable for pedestrians. This figure also shows the special clearances are required when dining is at the kerbside.

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Outdoor dining areas are to provide a safe and enjoyable dining experience for customers, while keeping footways safe and accessible for all pedestrians. In considering the size and location of an outdoor dining area, the first consideration will be the safe, dignified and equitable movement of pedestrians. The location and size of an outdoor dining area will depend on:

– the location of adjacent outdoor dining areas; – the space required for outdoor dining furniture

and the circulation of customers; – nearby infrastructure such as bus stops, trees

and rubbish bins; and – the amount of pedestrian and vehicle traffic at the

location.

Size and location of the outdoor dining area Provisions

When applying for outdoor dining, applicants are to:

4.1. Allow enough room for furniture and customers, by keeping a minimum width of 0.8m for the outdoor dining area.

4.2. Maintain safety and circulation on public footways, by keeping outdoor dining areas clear of trees, bus stops, and service items such as parking meters, fire hydrants, drains and the like. The minimum clearances needed, shown at Figure 7 are :

– 1 metre from a public transport stop, public transport access point, bus zone or taxi stand;

– 1 metre from any service object including fire hydrant, utility pit, grate, vents, drains, public

seat, bike rack or ring, pay phones, parking meters, rubbish bins and the like;

– 1m from any landscaped area; – 0.8 metres from any street tree pit or grate –

measured from the outside of the pit or grate. – 2m from the corner alignment of the building at

street intersections – sufficient clearance to give safe, dignified and

equitable access to buildings; and – not obstructing or impeding access to fire

escapes and emergency exits. 4.3. Applicants cannot apply for outdoor dining

approval for an area that is not immediately outside their tenancy (for example, outside of a neighbouring premise).

Toilet facilities Provisions

4.4. The application should demonstrate that acceptable toilet facilities are available in the premises to which the outdoor dining approval relates where:

– alcohol is served; or – the total seating provided (indoors and

outdoors) exceeds 19 seats. Note: The number of toilets required will be determined in reference to the Building Code of Australia and on the basis of the total number of seats - indoor and outdoor.

4. The outdoor dining area

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Special clearances for outdoor dining at the kerb When applying for outdoor dining towards the kerbside of the footway, it is important to consider the safety of patrons from traffic, and to allow room for access to cars parked along the kerb. Provisions

4.5. Applicants should leave the following clearances form the kerb:

– 2 metres when next to a RMS classified road, or traffic moving at 20km/hour or more;

– 1.5 metres when next to an accessible parking spot;

– 0.9 metres when next to a loading zone; – 0.6 metres when next to normal parking

conditions, or next to traffic moving at 20km/hour or less.

4.6. Applicants should leave the following

clearances around their outdoor dining areas: – 0.25 metres side clearance at the side

boundary of the footway area immediately in front of your building. This is to create a gap between adjacent outdoor dining areas.

– 1.5 metre mid-area clearance to for seating areas longer than 12 metres, to allow access to the street.

Figure 7 – clearances required around the outdoor dining area

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Outdoor dining areas are to make a positive contribution to the character of the City’s streets and public spaces. An outdoor dining set-up can contain a variety of items – tables, chairs, umbrellas and heaters. Care needs to be taken that streets do not become cluttered and obstructed through the placement of furniture and other items. Streets that are physically and visually cluttered make business identification and general wayfinding more difficult and detract from the street attractions. Signage, branding and advertising can all add to visual clutter and take away from the positive characteristics of the street. The choice of furniture, including tables, chairs, and umbrellas are to reflect and build on the existing character of the local area. Barriers around outdoor dining areas give the appearance that the public space has been privatised, and become an obstacle to access and movement and generally not supported. As much as possible, outdoor dining areas are to remain open and inviting. Furniture and other items Provisions

5.1. Any furniture or other items that form part of the outdoor dining set-up should be described in the application for outdoor dining and approved by Council.

5.2. All furniture and other items: – are to be located within the approved outdoor

dining area; – should not have permanent fixings; and – should be removed and stored safely outside of

outdoor trading hours.

5.3. Council encourages the design and range of furniture for outdoor seating areas to:

– demonstrate diversity and innovation; – reflect the character of an area; – have an open appearance; and – minimise clutter.

5.4. Seating, including chairs, stools, benches tables and the like are to:

– be safe for users and not have any sharp edges, hinges or other moving parts that could cause a hazard to users;

– allow access for all users, including those who use wheelchairs or mobility aids;

– be non-reflective; – be strong, durable, weather resistant and

designed for commercial outdoor use; – not damage the footway and Council property. – be able to be readily removed and stored within

the associated premises; and – be generally consistent with the character of the

area. 5.5. Furniture and other items should have a colour

or luminance contrast to allow them to be identified by pedestrians with low-vision. A luminance contrast of 30% is recommended.

Barriers Provisions

5.6. Barriers which enclose the outdoor dining area, or which separate it from the pedestrian footway, are not permitted.

5.7. Barriers are permitted where there is a license under the Liquor Act 2007 to serve alcohol in

5. Outdoor dining furniture

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the outdoor seating area and it is in a designated Alcohol Free Zone.

5.8. Side, or ‘end’, barriers which separate one outdoor dining area from an adjacent outdoor dining area are permitted.

Umbrellas, canopies and the like Provisions

5.9. Umbrellas are not permitted where a seating area has shelter from a building awning.

5.10. Where umbrellas are used, they must have a height clearance of 2 metres from the ground for pedestrian movement and safety.

5.11. Drop-down blinds, enclosures and canopies are not permitted.

Outdoor heaters Provisions

5.12. Outdoor heaters will only be approved where the safety of people and property is not compromised.

5.13. Outdoor heaters should turn off automatically if overturned to prevent injury to patrons and damage to property.

5.14. Outdoor heaters should be turned off when the outdoor dining area is not in use.

5.15. Outdoor heaters should be stored safely within the premises when not in use.

Note: Australian Standard AS/NZS 1596:2008, The Storage and Handling of LP Gas gives advice on storing outdoor heaters.

Signage and branding Provisions

5.16. The name, logo and other branding of the food or drink premises or an associated product may be placed on an umbrella, or barrier where permitted by provisions 5.7 or 5.8,only if it:

– involves only one product or business name being advertised in each seating area; and

– is a minor and ancillary element of the design, comprising no more than one third of the surface area and does not have an adverse impact on the appearance of the seating area or the streetscape.

5.17. No other advertising signage will be permitted.

Figure 9 - these umbrellas have logos which meet the standards in these guidelines.

Figure 8 – barriers can be used to enclose a licensed area. These barriers have logos which meet the standards in these guidelines.

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Outdoor dining brings many benefits to our streets – from the economic benefits of a thriving local economy to opportunities for informal social meetings and interactions. Many of our outdoor dining areas are on streets where businesses and residents are mixed, and many residents enjoy their local cafes and restaurants. Where outdoor dining areas are close to homes, care needs to be taken to ensure residents can continue to enjoy the amenity of their neighbourhood. The City has found that seating arrangements can affect the noise generated. Larger tables of more than four people can lead to louder conversations and disturbances for neighbours while smaller tables with chairs facing the road tend to generate less noise. Hours of operation Provisions

6.1. Operating hours for outdoor dining areas will generally follow the outdoor trading hours in the Sydney Development Control Plan 2012 - Section 3.15 Late Night Trading Management.

6.2. In considering operating hours for outdoor dining, Council will assess:

– how close an outdoor dining area is to nearby dwellings and other noise sensitive uses; and

– the number of seats applied for; and – the proposed arrangement of seats and tables.

6.3. Council may approve alternative hours of operation and numbers of seats, to allow outdoor dining that will not have an adverse noise impact on the neighbourhood.

Notes: Applications for extended operating hours will be subject to the same trial period process specified in Sydney Development Control Plan 2012 - Section 3.15 Late Night Trading Premises Management.

Music Provision s

6.4. Entertainment and amplified music are not permitted in outdoor dining areas.

Seating arrangements Provisions

6.5. Council may require smaller tables and chairs to face towards the road to reduce noise.

Lighting Provisions

6.6. Council may consider the installation of private lighting for outdoor seating areas that are approved to operate outside daylight hours, provided:

– the safety and amenity of patrons, the general public and road users is maintained;

– it does not reduce the amenity or safety of other uses in the area as a result of glare or light spillage;

– it is to be located wholly within the outdoor seating area; and

– electrical cabling is discreet and does not create trip hazards.

Note: Any lighting should be designed to comply with AS 300, AS 1158, AS 4282 1997 Control of Obtrusive Effects of Outdoor Lighting, and The City of Sydney Lights Code.

6. Neighbourhood amenity

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Figure 10 – the arrangement of tables and chairs influences the noise generated from outdoor dining areas.

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The City encourages well managed outdoor dining that contributes in a positive way to the character of the City and its public spaces. Use of public space, including the footway, brings responsibilities for the operator.

Conditions of the footway approval will include:

Protection of Council-owned property 7.1. An operator will be required to lodge a security

deposit with the Council, to pay for any necessary repairs resulting from damage to the footway caused by the operation of an outdoor seating area.

Notes: The details of any required security deposit will depend on the proposal and will be outlined in any approval. Typically it is the greater of $500.00 or three month rental, and must be paid before the operator can use the footway. It may be used to: repair damage caused by operation of an outdoor seating area; remove private fittings fixed to the footway by an operator; or cover any outstanding money owed to the Council after the operation has permanently ceased.

Rental fee to occupy the public space 7.2. Approval will be subject to a condition that a rental

fee will be paid for the use of the footway. 7.3. The fee due is set out in Council’s fees and

charges, and will be due annually at the rate applicable for that year.

Note: Application fees and public land rental costs for outdoor seating areas are outlined in the City of Sydney Schedule of Fees and Charges. The rates can change each financial year, and the latest schedule is available on the Council’s website. The ongoing rent will depend on the location and size of the outdoor seating area.

Public liability insurance 7.4. An operator will be required to obtain and maintain a

public liability insurance policy with an insurer acceptable to the Council, to cover any legal liability of property damage and personal injury to the public.

Note: The details of any required insurance policy will depend on the proposal and will be outlined in any approval. Typically operators need to provide cover to a minimum value of $10M, up to $20M on classified roads. The insurance company will need to provide certificate of currency to Council before the operator can use the footway, and annually thereafter.

Display of approval 7.5. A copy of the approval and plan is to be kept on

premises, displayed in a prominent position and be produced on request to authorised Council officers.

Management requirements 7.6. An outdoor seating area is to operate in accordance

with the conditions of the approval. 7.7. All patrons are to vacate the approved seating area

and all structures are to be removed from the seating area and stored within the premises before the closing time specified in the approval.

7.8. The maximum number of patrons permitted to occupy an outdoor seating area at any one time should not exceed the number of seats approved for the outdoor seating area.

7.9. Outdoor seating areas can only be used by seated patrons consuming food or drink. Patrons are not permitted to eat or drink or whilst standing in the approved outdoor seating area. Patrons are to be able to consume food and drink in outdoor dining areas at all times and they are not to be nominated as being for smoking purposes.

7. Responsibilities of the operator

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7.10. Outdoor seating areas on the kerb side adjacent to a clearway or bus lane will be required to cease operations while the clearway or bus lane is in operation and store tables and chairs off the public footway.

Note: Applicants may be required to demonstrate acceptable storage arrangements in the application for outdoor seating on the footway, particularly where the hours of operation for the premises are greater than those for the outdoor seating area.

Maintenance 7.11. The outdoor dining area and furniture and other

items associated with the outdoor dining are to be: – kept clean and maintained in good order

suitable for their purpose; – positioned and used as required when the

outdoor seating area is in use; – not be permanently fixed unless specific

permission is given; and – removed and stored away from public areas

when the seating area is not in use. 7.12. Waste and litter is to be well managed by:

– removing waste promptly from the outdoor seating area;

– disposing of any waste properly (public litter bins are not to be used for the disposal of waste from outdoor seating areas); and

– not using disposable tableware in the outdoor seating area.

Notes: Additional management requirements may form part of any approval depending on the nature of the actual proposal and its location. The Council encourages the separation and recycling of waste.

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Some public spaces have special characteristics that require more detailed guidelines for outdoor dining. This section contains detailed guidelines for special areas.

Martin Place Martin Place is Sydney’s premier civic space. It holds formal and informal gatherings and events; is a site for festivals including Vivid; and is the annual location for Sydney’s Christmas tree and celebrations. Importantly, the Cenotaph is also located at Martin Place, and is the focus not just of ANZAC Day memorial events, but of many other commemorative events throughout the year. The NSW Returned Services League are the custodians of the Martin Place Cenotaph. The introduction of outdoor dining to Martin Place is one component of wider plan to make Martin Place a high quality unified civic space that is lively and activated. It is to be a unique destination in Sydney that is respectful of its cultural and built heritage significance. Any outdoor dining is to be in keeping with this significant civic setting and is to be respectful of the dignity of the Cenotaph. The design of outdoor dining areas is to be recessive in appearance, and to complement the sandstone heritage buildings along the edge of Martin Place. Martin Place is a significant pedestrian thoroughfare, and any outdoor dining should not compromise pedestrian safety and comfort. Note: Martin Place between George Street and Pit Street is Crown land, identified as Reserve 88056. The City of Sydney has all care, control and management responsibilities for the land under the Crown Lands Act 1989. A licence and approval under the Crown Lands Act is required for outdoor dining on this part of Martin Place.

8. Special areas for outdoor dining

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Provisions – Cenotaph block (George and Pitt Streets) Respecting the Cenotaph 8.1. The outdoor dining area will not operate during

times identified by the NSW Returned Services League as memorial or commemorative event times. These times will be provided to operators by the NSW Returned Services League at the start of each year.

8.2. The NSW Returned Services League will provide training and information to operators and their staff, to promote understanding of and respect for the significance of the Cenotaph.

8.3. The applicant is to prepare a Plan of Management to detail measures to be implemented to: – identify and manage behaviour that in the

opinion of the NSW Returned Services League is inappropriate for the Cenotaph block; and

– manage complaints about behaviour, or requests from the NSW Returned Services League to manage inappropriate behaviour.

The applicant is to consult with the NSW Returned Services League in the preparation of any Plan of Management.

The outdoor dining area 8.4. Outdoor dining is only allowed within the areas

shown on Figure 11. Outdoor dining must be in association with a food and drink premises on the same side – either the north or the south – of Martin Place as shown in Figure 11.

8.5. All items in the outdoor dining area are to be temporary and portable, and stored indoors outside of approved service hours.

8.6. The outdoor dining area is to leave a 4 metre clear path of travel for pedestrians, as measured out from the building line on either side of Martin Place.

Tables and chairs 8.7. Chairs and tables are to be:

– uniform in style and design; – hardy and sturdy to resist wind gusts; – of metal or quality timber frame construction and

not plastic; – stackable or foldable for ease of storage and

readily removed. 8.8. Chairs should be ‘French Bistro’ Rattan type chair,

with the colour to be natural, brown or red (as shown in Figure 12).

8.9. Tables should be ‘French Bistro’ Rattan type to match the chairs, or are to have white table cloths.

8.10. Any variations to these specifications are to: – respect the heritage setting: and – have the approval of Council’s Director of

Planning, and Council’s Design Director.

Umbrellas 8.11. Umbrellas should be spaced so as to be

recessive in appearance avoiding visual dominance of the adjacent heritage buildings.

8.12. The dimensions of the umbrellas should be: – for the canopy, not more than 2500mm x

2500mmwith an overall height not higher than 3000mm; and

– for the canopy clearance, not less than 2200mm measured from the lowest edge to the pavement.

Figure 11 – Outdoor dining areas on the Cenotaph block of Martin Place

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8.13. The finish of the umbrella should be: – stone for the canopy, as shown in Figure 13;

and – matte black for the pole and frame.

8.14. Umbrellas should be properly secured in place to prevent blowing over in strong winds. In-ground sleeves are encouraged within the designated outdoor dining areas.

8.15. Logos, branding or advertising is not permitted on umbrellas.

8.16. Any variations to these specifications are to: – respect the heritage setting: and – have the approval of Council’s Director of

Planning, and Council’s Design Director. Barriers 8.17. Barriers which enclose the outdoor dining area

are not permitted. 8.18. Barriers are permitted only where there is a

license to serve alcohol in the outdoor seating area and it is in a designated Alcohol Free Zone or Alcohol Prohibited Area. These barriers: – should not contain any logos, advertising or

other graphics. – are to be black matte finish and not exceed

900mm in height. Waiter stations 8.19. Waiter stations are permitted only where it can

be demonstrated they are essential to the safe operation of outdoor dining areas, for instance in areas of very high pedestrian traffic.

8.20. Waiter stations should be:

– mobile and stored indoors outside of approved service hours;

– designed to be unobtrusive and of minimalist appearance, free of any signage, advertising, logo or branding;

– contained wholly within the approved outdoor dining area.

Figure 12 – French Bistro style Rattan chairs

Figure 13 – Umbrellas should be stone canopy with black pole and no logos, branding or advertising

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Llankelly Place Council supports outdoor dining in Llankelly Place as part of a strategy to increase activation of the laneway. Following a successful trial of expanded outdoor dining opportunities, acceptable areas for outdoor dining have been defined. The introduction of new outdoor dining areas within Llankelly Place may require some negotiation between business operators to ensure that there is equitable access to outdoor dining opportunities, and an acceptable clear path of pedestrians.

Provisions 8.21. Outdoor dining is acceptable within the areas

identified on Figure 14. 8.22. Llankelly Place is exempt from Council’s

‘footway freeze’ of December 2012. 8.23. New outdoor dining areas not shown on Figure

14 can be approved provided that: – a consistent and predictable clear path of

travel is provided and maintained, to a minimum width of 1.2 metres.

Figure 14 – approved outdoor dining areas for Llankelly Place

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outdoor dining guidelines

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